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TMI Blog2016 (11) TMI 1626X X X X Extracts X X X X X X X X Extracts X X X X ..... de of Criminal Procedure has not been decided by the High Court on its merits - HELD THAT:- The case is remitted to High Court for reconsideration - We make it clear that all contentions which are available to the Appellant, including the maintainability etc. of the said petition, would be open to the Appellant which can be argued before the High Court and the High Court shall deal with the same - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elhi. After hearing the learned Counsel for the parties, the High Court, in the said petition, has passed order dated 16.01.2014. A perusal of the order of the High Court reflects that after noticing the contentions of both the parties, the High Court permitted the Respondents to raise the pleas which are raised in the said petition before the Metropolitan Magistrate at the stage of framing of not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e empowered to discharge/drop the proceedings against the Petitioners if no case is made out against them. Needless to say, if the learned Magistrate chooses to frame notice Under Section 251 Code of Criminal Procedure, the Petitioners would be at liberty to avail the remedies as available in law. 22. This petition and the applications are disposed of on the above terms. It is clarified t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Respondents, that in such an eventuality, when the petition filed by the Respondents Under Section 482 of the Code of Criminal Procedure has not been decided by the High Court on its merits, the matter be sent back to the High Court for decision of the said petition. We agree with this course of action suggested by the learned Senior Counsel appearing for the Respondents. We may record at this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable to the Appellant, including the maintainability etc. of the said petition, would be open to the Appellant which can be argued before the High Court and the High Court shall deal with the same. Likewise, it would be permissible for the Respondents to raise all their contentions in support of their petition Under Section 482 of the Code of Criminal Procedure and the High Court while entertai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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